Deadline looms for claims process

Published: Monday, October 8, 2012 at 6:01 a.m.

Last Modified: Monday, October 8, 2012 at 11:25 p.m.

A November deadline is looming for individuals to decide whether they want to opt out of a BP court settlement and pursue further legal action, but thousands of fishermen and businesses have no idea how much money they'll be offered as part of that settlement.

Local fishermen still mired in the claims process complain that without an indication of how much BP is willing to settle for or whether they'll even be declared eligible for the settlement, they're being asked to make a life-altering decision without enough information.

“Our shrimp seasons aren't any better. It's been four seasons now... if BP isn't the culprit then what is?” said Kim Chauvin, who owns two Terrebonne Parish shrimp companies with her husband, David. “So the fishing people are stuck. We can't get the answers, and we have no redress.”

Local businesses and fishermen involved in the BP claims settlement have until Nov. 1 to decide whether they'll take the settlement or opt out to pursue further legal action.

A fairness hearing on the settlement is scheduled for a week after that opt-out date, on Nov. 8, the stage at which the court will decide whether BP's settlement with fishermen is fair.

Fishermen still have many questions and concerns about the settlement, but after two years and a number of poor harvest seasons “a lot of people will be forced to take it,” said Clint Guidry, president of the Louisiana Shrimp Association and chairman of Go Fish, an organization that's filed objections to the settlement.

“Because of the terrible fishing seasons we've had, it becomes survival,” he said.

Patrick Juneau, a Lafayette lawyer who has been serving as the court-appointed claims administrator, defended the pace of the claims process.

Juneau said his offices essentially began the claims process anew when they set up the process in June.

“There are 60,000 new claims that we're dealing with,” he said.

He added that his office is settling claims at a “record pace” and is set to ramp up the process this month.

“I was given this momentous task, and we're doing in spades what we said we were going to do,” Juneau said. “If there's someone expecting more than that, I can't speak to that.”

As of Wednesday, the settlement officials were handling 7,066 seafood compensation claims, 5,916 Vessel of Opportunity program claims and 333 vessel physical damage claims, Juneau said. That was out of a total of 63,992 claims.

So far, 646 seafood claimants have been notified that they were eligible for the settlement and received a notice of their settlement award. A total of $92 million has been offered to those businesses and fishermen.

Of the Vessel of Opportunity program claims, 4,122 have been declared eligible and offered a total of $175 million.

Out of the vessel physical damage claims, only three have been declared eligible, and those claimants have been offered a total of $15,588.

Between June 4 and Oct. 3, the office had notified claimants of more than $405.8 million in settlement offers, Juneau said.

“The resounding response to those is that people have been ecstatic. They said: ‘That's exactly what I thought I should get,'” Juneau said. “It means that what we're doing to meet our goals is working.”

Juneau added that in class action suits, many times claimants don't know their exact settlement amount before the opt-out date.

“We aim to put out sufficient claims to get a sampling for people to know what's being done is being done,” Juneau said.

Guidry said he disagrees that fishermen have been satisfied with the new settlement process and the money that has been offered.

And local fishermen argued that with poor fishing seasons that have no sign of turning around, fishermen need to be able to make educated decisions about their future and their participation in the settlement.

“A lot of these fishermen are going to be making life-altering decisions,” said shrimper Ronnie Anderson of Montegut.

Between filing claims for her boats, dock and processing plant, Chauvin said she's already paid her accountant more than $25,000 to help process the paperwork. But she's still waiting for a response with an offer from the claims office.

Between taxes and fees for lawyers, that offer could end up being miniscule, she said.

She knows of others on the bayou who have received their settlement offers and were devastated, she said. Fishermen with smaller boats and less means to last out the poor fishing and long, convoluted claims process are having a harder time, Guidry said.

“I've watched people sit in here and cry,” Chauvin said. “The elder generations lost a lot.”

Chauvin said after many fisherman got nowhere during the previous claims process headed by administrator Ken Feinberg, it's frustrating to be stuck in another legal process that “seems to have no rhyme or reason.”

“You wonder why people feel like they have nowhere to go,” she said. “BP should have already taken care of the people. Start shelling it out.”

The opt-out date has already been extended once, from Oct. 1 to Nov. 1. So for fisherman the clock is ticking.

“We've got 22 days to make a decision,” Guidry said. “Should I accept this money not knowing what I'm going to get for the rest of this claim? I don't think any commercial fishery people should have to make a decision without having the complete picture.”

Staff Writer Nikki Buskey can be reached at 857-2205 or nicole.buskey@houmatoday.com.

<p>A November deadline is looming for individuals to decide whether they want to opt out of a BP court settlement and pursue further legal action, but thousands of fishermen and businesses have no idea how much money they'll be offered as part of that settlement.</p><p>Local fishermen still mired in the claims process complain that without an indication of how much BP is willing to settle for or whether they'll even be declared eligible for the settlement, they're being asked to make a life-altering decision without enough information.</p><p>“Our shrimp seasons aren't any better. It's been four seasons now... if BP isn't the culprit then what is?” said Kim Chauvin, who owns two Terrebonne Parish shrimp companies with her husband, David. “So the fishing people are stuck. We can't get the answers, and we have no redress.”</p><p>Local businesses and fishermen involved in the BP claims settlement have until Nov. 1 to decide whether they'll take the settlement or opt out to pursue further legal action.</p><p>A fairness hearing on the settlement is scheduled for a week after that opt-out date, on Nov. 8, the stage at which the court will decide whether BP's settlement with fishermen is fair.</p><p>Fishermen still have many questions and concerns about the settlement, but after two years and a number of poor harvest seasons “a lot of people will be forced to take it,” said Clint Guidry, president of the Louisiana Shrimp Association and chairman of Go Fish, an organization that's filed objections to the settlement.</p><p>“Because of the terrible fishing seasons we've had, it becomes survival,” he said.</p><p>Patrick Juneau, a Lafayette lawyer who has been serving as the court-appointed claims administrator, defended the pace of the claims process. </p><p>Juneau said his offices essentially began the claims process anew when they set up the process in June.</p><p>“There are 60,000 new claims that we're dealing with,” he said.</p><p>He added that his office is settling claims at a “record pace” and is set to ramp up the process this month.</p><p>“I was given this momentous task, and we're doing in spades what we said we were going to do,” Juneau said. “If there's someone expecting more than that, I can't speak to that.”</p><p>As of Wednesday, the settlement officials were handling 7,066 seafood compensation claims, 5,916 Vessel of Opportunity program claims and 333 vessel physical damage claims, Juneau said. That was out of a total of 63,992 claims.</p><p>So far, 646 seafood claimants have been notified that they were eligible for the settlement and received a notice of their settlement award. A total of $92 million has been offered to those businesses and fishermen.</p><p>Of the Vessel of Opportunity program claims, 4,122 have been declared eligible and offered a total of $175 million.</p><p>Out of the vessel physical damage claims, only three have been declared eligible, and those claimants have been offered a total of $15,588.</p><p>Between June 4 and Oct. 3, the office had notified claimants of more than $405.8 million in settlement offers, Juneau said.</p><p>“The resounding response to those is that people have been ecstatic. They said: 'That's exactly what I thought I should get,'” Juneau said. “It means that what we're doing to meet our goals is working.”</p><p>Juneau added that in class action suits, many times claimants don't know their exact settlement amount before the opt-out date.</p><p>“We aim to put out sufficient claims to get a sampling for people to know what's being done is being done,” Juneau said.</p><p>Guidry said he disagrees that fishermen have been satisfied with the new settlement process and the money that has been offered.</p><p>And local fishermen argued that with poor fishing seasons that have no sign of turning around, fishermen need to be able to make educated decisions about their future and their participation in the settlement.</p><p>“A lot of these fishermen are going to be making life-altering decisions,” said shrimper Ronnie Anderson of Montegut.</p><p>Between filing claims for her boats, dock and processing plant, Chauvin said she's already paid her accountant more than $25,000 to help process the paperwork. But she's still waiting for a response with an offer from the claims office.</p><p>Between taxes and fees for lawyers, that offer could end up being miniscule, she said.</p><p>She knows of others on the bayou who have received their settlement offers and were devastated, she said. Fishermen with smaller boats and less means to last out the poor fishing and long, convoluted claims process are having a harder time, Guidry said.</p><p>“I've watched people sit in here and cry,” Chauvin said. “The elder generations lost a lot.”</p><p>Chauvin said after many fisherman got nowhere during the previous claims process headed by administrator Ken Feinberg, it's frustrating to be stuck in another legal process that “seems to have no rhyme or reason.” </p><p>“You wonder why people feel like they have nowhere to go,” she said. “BP should have already taken care of the people. Start shelling it out.”</p><p>The opt-out date has already been extended once, from Oct. 1 to Nov. 1. So for fisherman the clock is ticking.</p><p>“We've got 22 days to make a decision,” Guidry said. “Should I accept this money not knowing what I'm going to get for the rest of this claim? I don't think any commercial fishery people should have to make a decision without having the complete picture.”</p><p>Staff Writer Nikki Buskey can be reached at 857-2205 or nicole.buskey@houmatoday.com.</p>